State intends to revoke Creation Kingdom Hamburg day care's license

The state Cabinet for Health and Family Services has notified officials at a Lexington day care center that it intends to revoke the facility's license.

Inspectors alleged twice since October 2012 that staff failed to provide adequate supervision of a child, documents show. Officials at Creation Kingdom Hamburg LLC on Alysheba Way are appealing the revocation decision, according to Cabinet spokeswoman Jill Midkiff.

Cabinet Inspector General Mary Begley notified center officials of the state's intent to revoke the license in a March 21 letter obtained by the Herald-Leader through Kentucky open records law. But Lisa English Hinkle, an attorney who represents the Hamburg day care center, said Friday that it remains open and is in no danger of closing.

"The situation that gave rise to the revocation simply doesn't warrant any kind of violation," Hinkle said. "Creation Kingdom is a great facility. It is state of the art," allowing parents to watch their children online through a live feed.

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According to its website, Creation Kingdom operates five day care centers in Central Kentucky, including the one at Hamburg. Only the Hamburg location was involved in the license revocation notice issued in March.

Hinkle said she could not discuss the facts involving the revocation notice. According to redacted documents released by the Cabinet, the issues began on October 23, 2012, when a 1-year-old girl was left on the playground unsupervised for 30 minutes without the day care staff knowing where she was. The girl was inadvertently left behind when the other children were brought inside for lunch. Staff members realized she was missing "when she was not on her nap mat," a state report said.

A staff person found the child near the door on the playground. The toddler was upset but unharmed, the documents show.

State inspectors determined that on that day and the next, the ratio of children to staff members in the child's group exceeded what was allowed by the state. On the day of the incident there were 14 1-year-olds in the child's group and four staff members, two more children than allowed. The next day, three more children were in a particular group than was allowed by the state, the documents said.

State records show that the center had rules in place to prevent a child being left outside. The employee found responsible for the incident was fired immediately, and the child's parents, licensing officials and child protection officials were notified, the documents show.

During an inspection the day after the child was left outside, a state inspector found other issues, including an 11-month-old child sleeping with a blanket completely covering the child's head and face, which the state does not allow. An inspector also found an infant sleeping with a blanket covering the infant's mouth. State documents show that center officials provided the Cabinet with a correction plan to show how they would fix the problems.

Officials with the Cabinet's Division of Regulated Child Care placed "intermediate sanctions" against the day care center on Nov. 20, 2012. As a result of that action, the center was subject to frequent inspections, and staff members signed an agreement saying they would ensure the health, safety and adequate supervision of the children.

The March letter said Creation Kingdom Hamburg's license was being revoked because state officials had determined that center staff had violated the agreement signed Nov. 20. The letter did not elaborate.

On Feb. 18, according to the March revocation letter, a state inspector investigating an allegation determined that the center "failed to ensure adequate supervision for a child in care." It is unclear what the February allegation involved because the Cabinet for Health and Family Services denied the Herald-Leader's request to review documents associated with the Feb. 18 investigation. Those records will be made available once the enforcement action is complete or a decision has been made not to take action, Cabinet attorney Timothy J. Salansky said in a letter to a reporter on Friday.